[Avodah] establishing mamzerut

[Micha Berger]

On Thu, November 2, 2006 2:23 pm, Rabbiner Arie Folger wrote:
: Let's just repeat that the speakers at the Conference of European Rabbis,
: including one that was trying to represent RYSE's POV, considered the
: validity of DNA testing for both 'igun and mamzerut to be in the same
: category. To be matir an 'agunah, you need a greater than 999°% (promille)
: certainty. That is definitely enough to supercede rov be'ilot a'har haba'al.

I was under the impression that we bend over backward lehatir agunos, as well
as to presume kosher yichus. And thus, I am very surprised that 1:1,000
understainty is sufficient le'esor.

I once asked the chevrah to help me make a list of dinim in which there is a
stated preference to be meiqil. (My purpose was for a scjm debate over C's
version of "koach deheteira adif". I was trying to show that the fact that
these are stated exceptions, the norm is obviously not that one is supposed to
*seek* qulos.) All of them because of a "hidden" qulah in choosing the other
tzad). The first ones on the list were agunah, mamzeirus, and eiruvin.

I therefore did not assume that a form of birur that can be matir WRT agunah
would necessarily be use to declare someone a mamzeir, since the former runs
with the general trend, and the latter against it. Whether is would be
generalized in cases where we don't actively seek lehatir also seemed open,
but more probable.

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
micha at aishdas.org        your grip on it, it chokes; slacken your grip,
http://www.aishdas.org   and it flies away.
Fax: (270) 514-1507                            - Rav Yisrael Salanter